HARISHANKAR MANJHI Vs. STATE OF M.P

JUDGEMENT

(1.) BEING aggrieved by the order dated 28.4.1998 (Annexure A/8), passed by the Superintendent of Police, Raipur, whereby in the departmental enquiry, on finding the charges as proved, the Petitioner was retired compulsorily and the order dated 22.7.1998 (Annexure A/10), passed in appeal affirming the order dated 28.4.1998, the Petitioner has filed this petition.

(2.) THE indisputable brief facts, in nutshell, are that the Petitioner was working as Constable in the Police Department. Vide order dated 10.2.1992 (Annexure R/l) the Petitioner was sent on deputation to the Transport Department. On completion of three years period, by order dated 25.3.1996 the services of the Petitioner was repatriated back to the Police Department, with immediate effect.

(3.) PER contra, Shri M.P.S. Bhatia, learned Counsel appearing for the Respondents would submit that by order dated 25.3.1996 the Petitioner was repatriated to the parent department with immediate effect. There was no question of relieving. The Petitioner thereafter remained absent unauthorized. The notice dated 23.5.1996 was sent to the Petitioner, the Petitioner although received the same on 11.10.1996, but made a remark that he was taking medical treatment, after recovery he would attend his duties. Thereafter, a charge sheet dated 15.4.1997, containing three serious charges to the effect that (i) the Petitioner having been repatriated on 25.3.1996 did not join the parent department and remained unauthorized absent; (ii) after service of notice on 11.10.1996 the Petitioner failed to comply with the order and (iii) the Petitioner did not submit any response showing his defiance.